Staff Portal
1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2006 Regular Session
DISCLAIMER
The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2006 regular session. The unannotated South Carolina Code, consisting only of Code text and numbering, may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at [email protected] regarding any apparent errors or omissions in content of Code sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
CHAPTER 21.
FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT
SECTION 47-21-10. Short title.
This chapter may be cited as the Farm Animal and Research Facilities Protection Act.
SECTION 47-21-20. Definitions.
As used in this chapter:
(1) "Actor" means a person accused of any of the offenses defined in this chapter.
(2) "Animal" means a warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects.
(3) "Animal facility" includes a vehicle, building, structure, or premises where an animal is kept, tested, handled, housed, exhibited, bred, or offered for sale and includes a research facility where research or testing on animals is conducted.
(4) "Consent" means assent in fact, whether express or apparent.
(5) "Deprive" means:
(a) to withhold an animal or other property from the owner permanently or for such an extended time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(b) to restore the animal or other property only upon payment for reward or other compensation; or
(c) to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(6) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(a) induced by force, threat, false pretenses, or fraud;
(b) given by a person the actor knows is not legally authorized to act for the owner;
(c) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(d) given solely to detect the commission of an offense.
(7) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(8) "Person" means an individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity.
(9) "Possession" means actual care, custody, control, or management.
SECTION 47-21-30. Offense of unauthorized acquisition or control over animal facility or animal or property thereof; intent.
A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property, and to disrupt or damage the enterprise conducted at the animal facility.
SECTION 47-21-40. Offense of damage to or destruction of animal facility or animal or property thereof; intent.
A person commits an offense if, without the effective consent of the owner, the person damages or destroys an animal facility or an animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.
SECTION 47-21-50. Offense of unauthorized entry or concealed presence; attempt to commit prohibited act.
A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:
(1) enters an animal facility, not then open to the public, with intent to commit an act prohibited by this section;
(2) remains concealed, with intent to commit an act prohibited by this section, in an animal facility; or
(3) enters an animal facility and commits or attempts to commit an act prohibited by this section.
SECTION 47-21-60. Offense of unauthorized entry or presence with notice to leave or not to enter; what constitutes notice.
(A) A person commits an offense if, without the effective consent of the owner, the person enters or remains in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(B) For purposes of this section, "notice" means:
(1) oral or written communication by the owner or someone with apparent authority to act for the owner;
(2) fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
SECTION 47-21-70. Inapplicability to official acts of government employees or agencies.
This chapter does not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or an official or employee of these entities while in the exercise or performance of a power or duty imposed by law or regulation.
SECTION 47-21-80. Violations; penalties.
(A) A person violating Sections 47-21-30, 47-21-40, and 47-21-50 is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.
(B) A person violating Section 47-21-60 is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.